S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5089
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. DiPIETRO, LALOR, FINCH -- Multi-Sponsored by --
   M. of A. HAWLEY -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  ensuring  that
   women seeking an abortion receive an ultrasound and the opportunity to
   review  the  ultrasound  before  giving informed consent to receive an
   abortion
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York ultrasound informed consent act".
   § 2. Article 25 of the public health law is amended by  adding  a  new
 title 1-C to read as follows:
                                 TITLE I-C
                      ULTRASOUND INFORMED CONSENT ACT
 SECTION 2516.   DEFINITIONS.
         2516-A. REQUIREMENT OF INFORMED CONSENT.
         2516-B. EXCEPTION FOR MEDICAL EMERGENCIES.
         2516-C. PENALTIES FOR FAILURE TO COMPLY.
   § 2516. DEFINITIONS. AS USED IN THIS TITLE:
   1. "ABORTION" MEANS THE INTENTIONAL USE OR PRESCRIPTION OF ANY INSTRU-
 MENT,  MEDICINE,  DRUG,  OR  ANY  OTHER SUBSTANCE OR DEVICE OR METHOD TO
 TERMINATE THE LIFE OF AN UNBORN CHILD, OR TO TERMINATE THE PREGNANCY  OF
 A WOMAN KNOWN TO BE PREGNANT WITH AN INTENTION OTHER THAN:
   (A)  TO  PRODUCE  A LIVE BIRTH AND PRESERVE THE LIFE AND HEALTH OF THE
 CHILD AFTER LIVE BIRTH; OR
   (B) TO REMOVE AN ECTOPIC PREGNANCY, OR TO REMOVE A DEAD  UNBORN  CHILD
 WHO  DIED AS THE RESULT OF A SPONTANEOUS ABORTION, ACCIDENTAL TRAUMA, OR
 A CRIMINAL ASSAULT ON THE PREGNANT FEMALE OR HER UNBORN CHILD.
   2. "ABORTION PROVIDER" MEANS ANY PERSON LEGALLY QUALIFIED  TO  PERFORM
 AN ABORTION UNDER APPLICABLE FEDERAL AND STATE LAWS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07625-01-9
              

 A. 5089                             2
 
   3.  "UNBORN  CHILD" MEANS A MEMBER OF THE SPECIES HOMO SAPIENS, AT ANY
 STAGE OF DEVELOPMENT PRIOR TO BIRTH.
   4.  "UNEMANCIPATED MINOR" MEANS A MINOR WHO IS SUBJECT TO THE CONTROL,
 AUTHORITY, AND SUPERVISION OF HIS OR HER PARENT OR GUARDIAN,  AS  DETER-
 MINED UNDER STATE LAW.
   5.  "WOMAN"  MEANS A FEMALE HUMAN BEING WHETHER OR NOT SHE HAS REACHED
 THE AGE OF MAJORITY.
   § 2516-A. REQUIREMENT OF INFORMED CONSENT. 1. ANY ABORTION PROVIDER IN
 OR AFFECTING INTERSTATE OR FOREIGN COMMERCE, WHO KNOWINGLY PERFORMS  ANY
 ABORTION, SHALL COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   2.  PRIOR  TO A WOMAN GIVING INFORMED CONSENT TO HAVING ANY PART OF AN
 ABORTION  PERFORMED,  THE  ABORTION  PROVIDER  WHO  IS  TO  PERFORM  THE
 ABORTION, OR AN AGENT UNDER THE SUPERVISION OF THE PROVIDER, SHALL:
   (A) PERFORM AN OBSTETRIC ULTRASOUND ON THE PREGNANT WOMAN;
   (B)  PROVIDE  A  SIMULTANEOUS  EXPLANATION  OF  WHAT THE ULTRASOUND IS
 DEPICTING;
   (C) DISPLAY THE ULTRASOUND IMAGES SO THAT THE PREGNANT WOMAN MAY  VIEW
 THEM; AND
   (D)  PROVIDE  A COMPLETE MEDICAL DESCRIPTION OF THE ULTRASOUND IMAGES,
 WHICH SHALL INCLUDE ALL OF THE FOLLOWING: THE DIMENSIONS OF  THE  EMBRYO
 OR  FETUS,  CARDIAC ACTIVITY IF PRESENT AND VISIBLE, AND THE PRESENCE OF
 EXTERNAL MEMBERS AND INTERNAL ORGANS IF PRESENT AND VIEWABLE.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  PREVENT  A  PREGNANT
 WOMAN  FROM TURNING HER EYES AWAY FROM THE ULTRASOUND IMAGES REQUIRED TO
 BE DISPLAYED AND DESCRIBED TO HER. NEITHER THE ABORTION PROVIDER NOR THE
 PREGNANT WOMAN SHALL BE SUBJECT TO ANY PENALTY UNDER THIS TITLE  IF  THE
 PREGNANT WOMAN DECLINES TO LOOK AT THE DISPLAYED ULTRASOUND IMAGES.
   §  2516-B.  EXCEPTION  FOR  MEDICAL  EMERGENCIES. 1. THE PROVISIONS OF
 SECTION TWENTY-FIVE HUNDRED SIXTEEN-A OF THIS TITLE SHALL NOT  APPLY  TO
 AN  ABORTION PROVIDER IF THE ABORTION IS NECESSARY TO SAVE THE LIFE OF A
 MOTHER WHOSE  LIFE  IS  ENDANGERED  BY  A  PHYSICAL  DISORDER,  PHYSICAL
 ILLNESS,  OR  PHYSICAL  INJURY,  INCLUDING  A  LIFE-ENDANGERING PHYSICAL
 CONDITION CAUSED BY OR ARISING FROM THE PREGNANCY ITSELF.
   2. UPON A DETERMINATION BY AN ABORTION PROVIDER UNDER SUBDIVISION  ONE
 OF  THIS  SECTION  THAT  AN  ABORTION IS NECESSARY TO SAVE THE LIFE OF A
 MOTHER, SUCH PROVIDER SHALL INCLUDE IN THE MEDICAL FILE OF THE  PREGNANT
 WOMAN  A  TRUTHFUL  AND  ACCURATE  CERTIFICATION OF THE SPECIFIC MEDICAL
 CIRCUMSTANCES THAT SUPPORT SUCH DETERMINATION.
   § 2516-C. PENALTIES FOR FAILURE TO COMPLY. 1. THE ATTORNEY GENERAL MAY
 COMMENCE A CIVIL ACTION IN STATE COURT UNDER THIS  SECTION  AGAINST  ANY
 ABORTION  PROVIDER WHO KNOWINGLY COMMITS AN ACT CONSTITUTING A VIOLATION
 OF THIS TITLE FOR A PENALTY IN AN AMOUNT NOT TO EXCEED:
   (A) ONE HUNDRED THOUSAND DOLLARS  FOR  EACH  VIOLATION  IN  THE  FIRST
 PROCEEDING IN THE CASE OF THE FIRST SUCH VIOLATION; AND
   (B)  TWO  HUNDRED  FIFTY THOUSAND DOLLARS PER VIOLATION IN THE CASE OF
 EACH SUBSEQUENT PROCEEDING.
   2. UPON THE ASSESSMENT OF A CIVIL PENALTY  UNDER  SUBDIVISION  ONE  OF
 THIS  SECTION, THE ATTORNEY GENERAL SHALL NOTIFY THE APPROPRIATE MEDICAL
 LICENSING AUTHORITY.
   3. A WOMAN UPON WHOM AN ABORTION HAS BEEN PERFORMED  IN  VIOLATION  OF
 THIS TITLE MAY COMMENCE A CIVIL ACTION AGAINST THE ABORTION PROVIDER FOR
 ANY  VIOLATION  OF  THIS  TITLE  FOR  ACTUAL  AND  PUNITIVE DAMAGES. FOR
 PURPOSES OF THE PRECEDING SENTENCE, ACTUAL DAMAGES ARE OBJECTIVELY VERI-
 FIABLE MONEY DAMAGES FOR ALL INJURIES.

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   § 3. Severability. If any provision of this act,  or  any  application
 thereof,  is found to be unconstitutional, the remainder of this act and
 any application thereof shall not be affected by such finding.
   § 4. This act shall take effect immediately.